Research On The Law Problem Of State- Assets Authorization Management In The View Of "Three Rights Authorized"

The reformation of state-owned enterprise is a catholic and profound revolution. Whether it success or not, that is key to establish the system of socialistic market economy. Theory of authorized management of the state-owned assets has been raised and put into practice for a long time, but there is still much distance before establishing a canonical and scientific management mechanism of the state-owned assets. The main cause is lacking the direct theory.The paper analyses the problems of present authorized management system about the state-owned assets. According to the principles that are the theory of dividing government social economic management and state-owned management, the theory of dividing administration management and economic management and the theory of dividing state-owned assets ownership and corporate assets ownership, using methods of connecting the economy, management and law science, comparing the national and aboard system, the paper raises a new view that system of three-grade authorized operation and management of authorized management of state-owned assets. To separate control power of assets from ownership and set up a buffer zone of right between government and enterprises in order to preventing administrative menology toward capital market. Through separating management power from ownership to make the enterprises become real entities of entirely decision-making power of management.In foreword, introducing the difficulty of the state-owned enterprise reformation and the problems of achieving the management performance, developing the state-owned assets management system though the view of"three rights authorized". Then, the whole paper mainly includes five sections as follows:Section one: Based on the macroeconomic background of the study, then it goes on showing the development course of its theory and practice, and tells the appearance, establishment and development.Section two: Comparing the models in Germany, France and Italy and researching the new trials in Shenzhen City, Shanghai City and Qingdao City, paper tells the important status of the state-owned assets management organization.Section three: Researching the State-owned Assets Authorization Management system, paper will introduce the theory of"ownership, assets control right and management right". we can draw the conclusion that theory of authorized management of the state-owned assets is feasible and necessary.Section four: In view of"three rights authorized", paper researches the relationship between government, state-owned management organization and corporate, to establish a clearly rights system.Section five: According to the above analysis of the theory and practice, aiming at the present status, the paper brings forward legislative suggestion form the following six aspects: the subjects of authorized management; assessing guideline of the management performance; effective incentive and restriction mechanism and supervising system after authorized management and so on. .